All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 3, 5, 6, 8.

1. The summary of the grounds for appeal (the first instance court: Imprisonment with prison labor for 2 years and 6 months, confiscation and additional collection for 700,000 won, and the second instance: Imprisonment for 4 months, and additional collection for 3,000 won) is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below was examined ex officio prior to the judgment on the grounds for appeal of ex officio, and this court decided to hold a joint trial by filing an appeal against the judgment of the court below. Since each of the offenses against each of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any more because it is subject to a sentence within the scope of the term of punishment imposed for concurrent crimes pursuant to Article 3

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discept of the reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court are identical to the corresponding column of the judgment of the court below, except where "0.06g" of the first instance judgment of the court of first instance as "4.60g" is deemed as "4.60g" among the criminal facts of the court of first instance. Thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 152 of the Road Traffic Act, Article 61 (1) 4, and Article 3 (10) 1 of the Act on the Control of Narcotics, Etc., Article 60 of the Act on the Management of Narcotics, Etc., Articles 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., Article 152 of

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;